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Category: Blog

From case law developments to perspectives to news, you'll find it here.

August 14, 2018
D.C. CIRCUIT HOLDS 18 U.S.C. 924(c)(3)(B) UNCONSTITUTIONALLY VAGUE FOLLOWING DIMAYA

Pablo Lovo and Joel Sorto were found guilty of conspiracy to commit Hobbs Act robbery, 18 U.S.C. 1951, and using, carrying or possessing a firearm during a crime of violence. 18 U.S.C. 924(c). Lovo and Sorto appealed their convictions to the D.C. Circuit, which garnered a remand on claims of ineffective assistance of counsel. However, […]

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July 2, 2018
Supreme Court: Automobile Exception Does Not Apply to Curtilage: Collins

Collins vs. Virginia, 584 U. S. ____ (2018), No. 16–1027. The Supreme Court handed down an important search and seizure case in Collins.   Officers from the Albemarle County Police Department observed the same motorcycle driver commit a traffic infraction in two separate incidents.  In both situations, the cyclist got away from the officers. In both […]

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July 2, 2018
Sentencing Under Guideline Ranges Upheld in Supreme Court

The petitioners in Koons v. United States had committed crimes that invoked the use of the mandatory minimums. through the guideline ranges.

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July 2, 2018
Supreme Court Guidance On 3582 Motions With 11C1C

The Sentencing Reform Act requires a district court to calculate and consider a defendant’s Guidelines range in every case. Hughes v. United States, No. 17–155, 584 U. S. ____ (2018)   Eric Hughes accepted a plea deal in 2013 after being accused of four charges related to drug conspiracy. He pled guilty to conspiracy to […]

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July 2, 2018
Rosales-Mireles: Writ of Certiorari Appeal

In a writ of certiorari to the 5th Circuit Court of Appeals, Rosales-Mireles challenged his guideline range of punishment. 

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July 2, 2018
Plain Error Found by 6th Circuit Regarding Fake News

6th Circuit finds plain error in case of Fleming and use of inaccurate news article. Case was vacated and remanded for resentencing.

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May 11, 2018
Case Vacated and Remanded for Improper Summation

In US vs. Ballard, the Second Circuit vacated and remanded a case for a new trial after prosecutor used improper argument in summation.

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May 11, 2018
Third Circuit Vacates Sentence Based on Plain Error

In United States vs. Aminov. No. 17-1703, the Third Circuit reversed a sentence based on plain error. Aminov was sentenced in 2011 for aiding and abetting in the production of a document without lawful authority. The PSI recommended a Sentencing Guidelines range of 0-6 months instead of the government’s suggested range of 12-16 months. Aminov was […]

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May 10, 2018
Fifth Circuit Vacates Sentence Enhancement Under 16(b) Because of Dimaya

United States of America v. Jose Prisciliano Gracia-Cantu, No. 15-40227, 2018 WL 2068684 Gracia-Cantu pled guilty to being an alien unlawfully present in the United States after previously being deported. He also had a prior conviction for Assault Family Violence under Texas Penal Code 22.01(a)(1) and 22.01(b)(2). The presentence report recommended an eight level increase […]

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May 10, 2018
Seventh Court Remands Case for Failure to Bring Defendant to Court for Plea

United States v. Bethea, Seventh Circuit, No. 17-3468, 2018 WL 1959638 Bethea was charged with using fraudulently obtained credit cards to purchase merchandise at retailers. He had a combined guilty plea and sentencing hearing. The judge was in his courtroom in Madison, WI. Bethea was in Milwaukee because of his health issues and limited mobility. The […]

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